Majority Age in Texas
The legal age in Texas signifies when a minor reaches the age of majority. This means they are no longer subject to the state’s laws regulating minors and are allowed to control their healthcare, finances and other adult obligations without parental consent. While those under the age of majority in Texas are not considered as independent as an adult, they have a level of independence over some issues.
A minor may become a legal adult before the age of majority in Texas. In some circumstances, that can be at 18 while in others it may be a different age . If there is a separation from parents, marriage, armed services enlistment or emancipation through a court order, a child can be considered legally independent and a legal adult even if they have not reached the age of majority.
All states have an age of majority. The age of majority is the point in time a person is considered a legal adult for all purposes. A minor no longer has to rely on parental consent. The age of majority is the point at which the law no longer intervenes in protecting them from their own decisions.
What Legal Status Does a 17-Year-Old Have in Texas?
In the state of Texas, a 17-year-old is not considered a legal adult. The vast majority of rights and responsibilities reserved for adults are not legally extended to 17-year olds. While a 17-year-old may be treated as an adult when it comes to criminal prosecution, they cannot sign a contract, vote, get married, or even buy tobacco or alcohol. A Texas 17-year-old can, however, work in most occupational fields with a few exceptions as long as they have secured a work permit. Voting is not an option for 17-year-olds until they turn 18. There are also restrictions on 17-year-olds when it comes to military service. Unless they have parental consent, a 17-year-old cannot enlist in the United States Armed Forces. If a 17-year-old enters the service with parental consent or if they are 17 when they enlist, they will be recognized as adults for purposes of military service. The scope of being recognized as an adult for criminal prosecution also has its limitations. Legally, a minor is defined as anyone younger than 18. That means that a 17-year-old cannot formally give consent to sexual activity. Even if the 17-year-old is in a relationship with a consenting partner, those 18 or older, they are legally still a minor.
17-Year-Olds and Consent Laws
The consent laws in Texas that apply to 17-year-olds are ones that control the age of consent to engaging in sexual conduct. The age of consent in Texas is 17 years of age. An individual can be charged with sexual offenses if they are over the age of 17 and engage in any type of sexual activity with a 17-year-old. These sexual offenses include sexual assault and statutory rape. If a 17-year-old engages in sexual conduct with an adult over the age of 18, the adult can be charged with sexual assault. However, sexual assault charges carry statute of limitations, even though it is classified as a second-degree felony offense. For more serious offenses, such as aggravated sexual assault, there is no statute of limitations. Even if both parties are under 17 years of age, a person can still be charged with statutory rape if they are 18 years or older. Statutory rape is classified as a second-degree felony offense. A statutory rapist can face between 2 and 20 years in prison in addition to steep fines. Individuals under the age of 17 cannot be charged under these laws. This means a minor can legally consent to sexual conduct and they will not face charges. As a result of the laws, there are specific exceptions. If an individual is within three years of age of the other, and not older than 19, the younger cannot be charged with statutory rape, which is a second-degree felony. There is a strict liability, however, with charges for sexual assault.
How a 17-Year-Old is treated under the law
Texas law makes a clear distinction about what rights and responsibilities 17-year-olds have when it comes to criminal law. Law enforcement will treat a 17-year-old as an adult if he or she is charged with any crime, even a misdemeanor. While a 17-year-old might be able to consent to certain legal agreements, such as a contract for a car or a cell phone, he or she could still be considered a minor for all intents and purposes in the eyes of the law. With regards to civil matters, however, a 17-year-old is still a minor. Because a 17-year-old may be tried as an adult in a criminal setting, the consequences can be far-reaching and severe. In Texas, standard charges such as DWI or drug possession can carry serious legal penalties that hold many similarities to the legal repercussions an adult would face for the same crime. One of the most frequently asked questions surrounds the ability of law enforcement to charge a minor with a crime they did not commit. Texas law is clear that even if the arresting officer knows the alleged perpetrator is a minor, he or she may not inquire about age until after the arrest. This means that a minor could be imprisoned for a crime they did not actually commit because officers are not required to believe the arrested individual if he or she claims to be a minor. After criminal offenses, civil cases are the second most common circumstance in which a 17-year-old may be held liable in Texas. While contract disputes are typically the most common, there are many cases that involve tort law, which is the area of the law that involves compensation for damages caused through the negligence or malicious actions of another individual. Tort law generally covers personal injury cases, which is the largest category of civil claims. For example, if a 17-year-old rear-ends a school bus while texting and driving, the parents of the child may be found liable if the injured parties sue. To protect themselves from financial liability in these types of cases, many parents purchase what is referred to as an "umbilical cord" policy. This tags the minor driver to the parent’s car insurance so that when an accident occurs, the policy is responsible for medical or repair expenses.
Becoming Emancipated and Legal Age
Emancipation and Legal Age in Texas
Even though a child may be considered an "adult" at the age of 17 with respect to the juvenile criminal justice system, in other ways this is not the case: the age of 17 is effectively still caught in limbo in Texas – it’s not quite legal adulthood, but it’s also past the normal age of majority of 18. Emancipation is one way for a 17-year-old in Texas to make a clean break from the control of parents or guardians and officially become an adult under the law, but even that mechanism is in some ways less than complete. Let’s take a closer look.
There are two ways in which a minor can be emancipated, so that he or she is legally recognized as being an adult and therefore able to live independently of parents or guardians, enter into contracts and have full control over one’s own person and property. One way to emancipation as an adult is to enter into a legal marriage, but the more common method of emancipation is for a minor child to file a petition with the court system in Texas.
In order to have the right to petition for emancipation of a minor child, the child must be at least 17 years of age and be able to show that he or she is living apart from the child’s parents and/or guardians, is managing his or her own financial affairs and is doing so in a manner that is satisfactory to the court so as to make a finding that the child does, in fact, have the capability of living independently of parents or guardians in a responsible manner.
The important thing to remember about the ability of a 17-year-old to petition for legal emancipation as an adult in Texas is that this status is not complete or absolute. For example, even when a minor child is emancipated, the age at which they can be held criminally responsible is age 17, so even though the child is legally an adult, the state of Texas is not willing to extend full adult rights and privileges to that child. This is a point of serious friction between many older teenagers and their parents, who often see children as having reached the age of majority, particularly if they have been granted the emancipation status by the court system, and yet still living under the control of parents or guardians and even sometimes relying on them financially.
That said, a significant number of older teens based on their maturity level and ability to manage their own finances are granted emancipation by a judge, so that technically speaking they are legally adults and can provide for themselves without the supervision of parents or guardians. In this situation, the child is no longer under the supervision of the state and cannot be forced to live with parents or guardians within the state of Texas. When the child returns to live with parents or guardians, however, particularly if he or she has only recently been granted emancipation status, the question of whether parents can not only rely on the child for financial assistance but also continue to exercise a degree of parental control of the child remains to be seen.
Parental Rights and 17-Year-Olds
In the State of Texas, parents have rights and duties concerning their children that include, but are not limited to the right to, receive information from a physician or dentist who has provided medical care to their child; the right to consent to the child’s medical care; and in some circumstances, the right to represent their child in a legal action. (Texas Family Code §151.001)
Crucially, the age of majority does not prevent parents from exercising these rights; they continue until the child reaches age 18.
These rights do not mean, however, that parents can make every decision concerning a child’s medical care or education. In the case of a minor 17 years of age or older, the parent’s authority is subject to certain limitations.
According to the Texas Family Code, "a person 17 years of age or older is presumed to be emancipated and entitled to all the rights and privileges of an adult . " In short, a 17-year old has the legal capacity to enter into contracts, sue in court, and control his or her own medical care.
This does not mean that parents’ rights over their minor children are erased as soon as the child reaches age 17. Indeed, parents may still be consulted concerning major decisions like the child’s health care or educational needs.
However, once 17, the child is free to choose whether or not to accept parental advice. Simply put, whereas a 16-year-old may have a legal right to attend a concert without parental consent, at 17 that concert date may not be dependent on parental approval. (That said, a minor under the age of 18 cannot be held liable for non-performance of a contract.)
The law recognizes that a minor 17 years of age or older may be able to independently care for themselves, manage their affairs, and even make vital decisions concerning medical care. For that reason, once a minor is 17 years of age, the parental authority over that minor is significantly limited.
Military Service at 17
The only other area in which a minor may contract is by enlisting in the military. At 17, Texas residents can enlist in the Army, Navy, Marine Corps, Coast Guard, Air Force and Merchant Marine. Parents must sign for consenting minors, and those who have served six months of active duty may sign for themselves. At 17, minors do not need to prove they are Texas residents before enlisting. However, once they enlist, members must establish residency, address and voter registration information with the local county courthouse if they want to continue residing in Texas.
Driving Rules for 17-Year-Olds
As a 17-year-old in Texas, the law requires you to have a provisional license if you haven’t yet turned 18. A provisional license is an intermediate form of a driver’s license. You should have had a learner’s license for at least six months before you can get a provisional license. The restriction of not having passengers your age and younger is no longer in effect when you turn 17 and obtain a provisional license.
Once you have a provisional license, you can drive at any time, but you can’t use any personal mobile communication devices unless you need to call for emergency assistance. If you are driving with a passenger who is younger than 21, you can’t connect to Bluetooth. You also can’t connect radio and MP3 players.
The hours of the day at which you can’t drive also increase. While possessing a license from ages 14 to 16 generally means you can’t operate a vehicle between midnight and 5 a.m., the law states that when you turn 17, you can drive during those early hours.
17 is one of the most important ages for Texas drivers because it’s when you can finally drive on your own without restrictions or limitations. It also differs from other states, where restrictions last until you reach the age of 18.
Texas Legal Age at 17: Final Thoughts
In this final segment, we have a closer look at what it means to be 17 in Texas. We review the most pertinent points, discuss additional considerations that may impact a 17-year-old’s legal rights, and offer some guidance for 17-year-olds and their parents in how to employ these legal rights to their fullest extent.
•At 17, the age of consent for sex is 17. You can’t be prosecuted as a statutory rapist (unless the victim was 14 or 15 years old and you are over 17) and you can sue someone for engaging in sex with a minor to recover her costs as a victim.
•If you are abused, you do not have to report it when you are 17. In fact, it’s a misdemeanor not to do so if you are 18 or older. Family abuse like domestic violence is still covered by any mandatory reporter laws in Texas.
•If a 17-year-old is a victim of family violence , there is no duty to report the offense to law enforcement, but he or she may still elect to do so.
•If a minor (under 16) engages in sex with a 17-year-old, the older party cannot be prosecuted as a statutory rapist.
•At 17, you can legally bind yourself to a contract for work, purchase, etc. generally and without requiring parent permission or involvement, and you can legally be required to act on that contract.
It’s critical for parents of 17-year-olds and the 17-year-olds themselves to both understand all of the rights and responsibilities involved with being 17 years old, particularly if you or your child are facing criminal charges, find yourself in a situation in which you might need to go to court, are the victim of crimes such as sexual assault or harassment, or are otherwise finding that you need to rely on your age to navigate the legal seas ahead.